Perry v. Weill Cornell Medical College

Background

Caleb Perry, who is representing himself, sued Weill Cornell Medical College under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the New York State and New York City Human Rights Laws. He alleges that his employer discriminated against him based on race and sex.

In an order dated December 4, 2025, the court granted Perry permission to proceed without prepaying filing fees. This status is commonly called proceeding in forma pauperis, or IFP.

Service of the Lawsuit

Because Perry was granted IFP status, the court said he could rely on the court and the U.S. Marshals Service to serve the defendant. The court explained that federal law requires the court to arrange service in IFP cases.

The court also extended the service deadline. Although the usual rule requires service within 90 days after filing the complaint, Perry could not have served the defendant until the court reviewed the complaint and ordered that a summons be issued. The deadline is therefore 90 days after the summons is issued.

Ruling

Judge Jennifer L. Rochon directed the Clerk of Court to issue a summons for Weill Cornell Medical College, complete the U.S. Marshals Service process form with the defendant’s address, and deliver the required documents to the Marshals Service. The Clerk was also directed to mail Perry an information package.

The court stated that Perry should request an extension if the complaint is not served within 90 days after the summons is issued. Perry must also notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so. The order addressed service and related procedures; it did not decide the merits of Perry’s discrimination allegations.